Morocco adheres to the agreement to guarantee workers ’dues during the” hardship of operators “

Morocco is heading to implement some of the contents of the international agreement that concerns the guarantee of workers ’dues when the employer insolidates and stopped paying, which was approved by the General Conference of the International Labor Organization in June 1992.

It was recently issued in the Official Gazette No. 1.25.04, implementing Law No. 93.21, which corresponds to Convention No. 173 regarding “the protection of workers’ dues when their employer insolidates. ”

Morocco had started the series of approval of the contents of the international agreement itself from the Gate of Law No. 93.21, which was approved by the House of Advisors during the legislative plenary session held on July 18, 2023, after it was approved by the Foreign Defense, National Defense Committee and Moroccans residing abroad in the same council.

According to this law, which has completed the stages of legislation and is ready for implementation, Morocco approved the same agreement, with its exclusion, the third part of it, which concerns “the protection of workers’ dues through a guarantee institution. “

The same agreement protects the rights of workers and the action in the event of what happened “insolvency” (hardship) with the operator, a situation that it described as “the conditions in which judicial procedures began towards the principles of the employer who aims to collect the collective payment of his debts.”

According to the same source, “Each member state may expand the concept of insolvency (stop paying) to include other conditions in which workers’ dues cannot be paid due to the financial status of the employer, for example when the amount of the employer’s assets is not sufficient to justify the start of the measures of hardship. ”

The first part of the same agreement separates the procedures for the application of its contents, which indicate that “the competent authority, after consulting the most representative organizations for employers, has to exclude from the second part or third part of the agreement specific groups of workers, especially public employees, due to the special nature of their relationship to their use, or because of the presence of other guarantees that provide them with equivalent protection for the protection provided by this agreement.”

Regarding the protection of workers ’dues due to their use, through a“ concession ”, the agreement indicated that“ these dues are paid from the assets of the insolvent employer before the non -excellent creditors obtain their rights. ”

This privilege covers, according to the same source, “wage dues for a specific period of no less than three months before insolvency or before the end of the use of use, then workers’ dues for the leave due for work during the course of the year in which this matter occurs or the end of the relationship of use, as well as during the year preceding it, as well as compensation for the termination of the service due at the end of the relationship of use. ”

As for the third part of Agreement No. 173, which Morocco has not approved, it talks about protecting workers ’dues through a“ guarantee institution ”, which includes“ the performance of these dues in the event that the employer himself could not pay due to his insolvency. ”